|
Online Attorney
), a further term
of supervised release, extends beyond the expiration of the term of
supervised release for any period reasonably necessary for the
adjudication of matters arising before its expiration if, before
its expiration, a warrant or summons has been issued on the basis
of an allegation of such a violation.
(j) Supervised Release Terms for Terrorism Predicates. -
Notwithstanding subsection (b), the authorized term of supervised
release for any offense listed in section 2332b(g)(5)(B), the
commission of which resulted in, or created a foreseeable risk of,
death or serious bodily injury to another person, is any term of
years or life.
(k) Notwithstanding subsection (b), the authorized term of
supervised release for any offense under section 1201 involving a
minor victim, and for any offense under section 1591, 2241, 2242,
2244(a)(1), 2244(a)(2), 2251, 2251A, 2252, 2252A, 2260, 2421, 2422,
2423, or 2425, is any term of years or life.
-SOURCE-
(Added Pub. L. 98-473, title II, Sec. 212(a)(2), Oct. 12, 1984, 98
Stat. 1999; amended Pub. L. 99-570, title I, Sec. 1006(a)(1)-(3),
Oct. 27, 1986, 100 Stat. 3207-6; Pub. L. 99-646, Sec. 14(a), Nov.
10, 1986, 100 Stat. 3594; Pub. L. 100-182, Secs. 8, 9, 12, 25, Dec.
7, 1987, 101 Stat. 1267, 1268, 1272; Pub. L. 100-690, title VII,
Secs. 7108, 7303(b), 7305(b), Nov. 18, 1988, 102 Stat. 4418, 4464,
4465; Pub. L. 101-647, title XXXV, Sec. 3589, Nov. 29, 1990, 104
Stat. 4930; Pub. L. 103-322, title II, Sec. 20414(c), title XI,
Sec. 110505, title XXXII, Sec. 320921(c), Sept. 13, 1994, 108 Stat.
1831, 2016, 2130; Pub. L. 105-119, title I, Sec. 115(a)(8)(B)(iv),
Nov. 26, 1997, 111 Stat. 2466; Pub. L. 106-546, Sec. 7(b), Dec. 19,
2000, 114 Stat. 2734; Pub. L. 107-56, title VIII, Sec. 812, Oct.
26, 2001, 115 Stat. 382; Pub. L. 107-273, div. B, title II, Sec.
2103(b), title III, Sec. 3007, Nov. 2, 2002, 116 Stat. 1793, 1806;
Pub. L. 108-21, title I, Sec. 101, Apr. 30, 2003, 117 Stat. 651.)
-REFTEXT-
REFERENCES IN TEXT
Section 170101(a)(3) of the Violent Crime Control and Law
Enforcement Act of 1994, referred to in subsec. (d), is classified
to section 14071(a)(3) of Title 42, The Public Health and Welfare.
Section 3 of the DNA Analysis Backlog Elimination Act of 2000,
referred to in subsec. (d), is classified to section 14135a of
Title 42, The Public Health and Welfare.
Section 3563(a)(4), referred to in subsec. (d), probably means
the par. (4) of section 3563(a) added by section 20414(b)(3) of
Pub. L. 103-322, which was renumbered par. (5) by Pub. L. 104-132,
title II, Sec. 203(1)(C), Apr. 24, 1996, 110 Stat. 1227.
Section 3563(b), referred to in subsec. (d), was amended by Pub.
L. 104-132, title II, Sec. 203(2)(A), (B), Apr. 24, 1996, 110 Stat.
1227, which struck out par. (2) and redesignated former pars. (3)
to (20) as (2) to (19), respectively.
The Federal Rules of Criminal Procedure, referred to in subsec.
(e)(1), (2), (3), are set out in the Appendix to this title.
-MISC1-
AMENDMENTS
2003 - Subsec. (e)(3). Pub. L. 108-21, Sec. 101(1), inserted "on
any such revocation" after "required to serve".
Subsec. (h). Pub. L. 108-21, Sec. 101(2), struck out "that is
less than the maximum term of imprisonment authorized under
subsection (e)(3)" after "required to serve a term of
imprisonment".
Subsec. (k). Pub. L. 108-21, Sec. 101(3), added subsec. (k).
2002 - Subsecs. (c), (e). Pub. L. 107-273, Sec. 3007, substituted
"(a)(6), and (a)(7)" for "and (a)(6)".
Subsec. (g)(4). Pub. L. 107-273, Sec. 2103(b), added par. (4).
2001 - Subsec. (j). Pub. L. 107-56 added subsec. (j).
2000 - Subsec. (d). Pub. L. 106-546 inserted "The court shall
order, as an explicit condition of supervised release, that the
defendant cooperate in the collection of a DNA sample from the
defendant, if the collection of such a sample is authorized
pursuant to section 3 of the DNA Analysis Backlog Elimination Act
of 2000." before "The court shall also order,".
1997 - Subsec. (d). Pub. L. 105-119 inserted after second
sentence "The court shall order, as an explicit condition of
supervised release for a person described in section 4042(c)(4),
that the person report the address where the person will reside and
any subsequent change of residence to the probation officer
responsible for supervision, and that the person register in any
State where the person resides, is employed, carries on a vocation,
or is a student (as such terms are defined under section
170101(a)(3) of the Violent Crime Control and Law Enforcement Act
of 1994)."
1994 - Subsec. (a). Pub. L. 103-322, Sec. 320921(c)(1), inserted
before period at end "or if the defendant has been convicted for
the first time of a domestic violence crime as defined in section
3561(b)".
Subsec. (d). Pub. L. 103-322, Sec. 320921(c)(2), inserted after
first sentence "The court shall order as an explicit condition of
supervised release for a defendant convicted for the first time of
a domestic violence crime as defined in section 3561(b) that the
defendant attend a public, private, or private nonprofit offender
rehabilitation program that has been approved by the court, in
consultation with a State Coalition Against Domestic Violence or
other appropriate experts, if an approved program is readily
available within a 50-mile radius of the legal residence of the
defendant."
Pub. L. 103-322, Sec. 20414(c), inserted after first sentence
"The court shall also order, as an explicit condition of supervised
release, that the defendant refrain from any unlawful use of a
controlled substance and submit to a drug test within 15 days of
release on supervised release and at least 2 periodic drug tests
thereafter (as determined by the court) for use of a controlled
substance. The condition stated in the preceding sentence may be
ameliorated or suspended by the court as provided in section
3563(a)(4). The results of a drug test administered in accordance
with the preceding subsection shall be subject to confirmation only
if the results are positive, the defendant is subject to possible
imprisonment for such failure, and either the defendant denies the
accuracy of such test or there is some other reason to question the
results of the test. A drug test confirmation shall be a urine drug
test confirmed using gas chromatography/mass spectrometry
techniques or such test as the Director of the Administrative
Office of the United States Courts after consultation with the
Secretary of Health and Human Services may determine to be of
equivalent accuracy. The court shall consider whether the
availability of appropriate substance abuse treatment programs, or
an individual's current or past participation in such programs,
warrants an exception in accordance with United States Sentencing
Commission guidelines from the rule of section 3583(g) when
considering any action against a defendant who fails a drug test."
Pub. L. 103-322, Sec. 110505(1), substituted "unlawfully possess
a controlled substance" for "possess illegal controlled substances"
in first sentence.
Subsec. (e)(1). Pub. L. 103-322, Sec. 110505(2)(A), substituted
"defendant" for "person" in two places.
Subsec. (e)(3). Pub. L. 103-322, Sec. 110505(2)(B), amended par.
(3) generally. Prior to amendment, par. (3) read as follows:
"revoke a term of supervised release, and require the person to
serve in prison all or part of the term of supervised release
without credit for time previously served on postrelease
supervision, if it finds by a preponderance of the evidence that
the person violated a condition of supervised release, pursuant to
the provisions of the Federal Rules of Criminal Procedure that are
applicable to probation revocation and to the provisions of
applicable policy statements issued by the Sentencing Commission,
except that a person whose term is revoked under this paragraph may
not be required to serve more than 3 years in prison if the offense
for which the person was convicted was a Class B felony, or more
than 2 years in prison if the offense was a Class C or D felony;
or".
Subsec. (e)(4). Pub. L. 103-322, Sec. 110505(2)(A), substituted
"defendant" for "person".
Subsecs. (g) to (i). Pub. L. 103-322, Sec. 110505(3), added
subsecs. (g) to (i) and struck out former subsec. (g) which read as
follows:
"(g) Possession of Controlled Substances. - If the defendant is
found by the court to be in the possession of a controlled
substance, the court shall terminate the term of supervised release
and require the defendant to serve in prison not less than
one-third of the term of supervised release."
1990 - Subsec. (d)(2). Pub. L. 101-647, Sec. 3589(1), inserted a
comma after "3553(a)(2)(B)".
Subsec. (e)(2) to (5). Pub. L. 101-647, Sec. 3589(2)(A)-(C),
struck out "or" at end of par. (2), substituted "; or" for period
at end of par. (3), and redesignated par. (5) as (4).
1988 - Subsec. (d). Pub. L. 100-690, Sec. 7303(b)(1), inserted
"and that the defendant not possess illegal controlled substances"
before period at end of first sentence.
Pub. L. 100-690, Sec. 7305(b)(1), substituted "(b)(20)" for
"(b)(19)" in concluding provisions.
Subsec. (d)(1). Pub. L. 100-690, Sec. 7108(a)(1), inserted
"(a)(2)(C)," after "(a)(2)(B),".
Subsec. (d)(2). Pub. L. 100-690, Sec. 7108(a)(2), which directed
that "(a)(2)(C)," be inserted after "(a)(2)(B),", was executed by
inserting "(a)(2)(C)," after "(a)(2)(B)" as the probable intent of
Congress, because no comma appeared after "(a)(2)(B)".
Subsec. (e). Pub. L. 100-690, Sec. 7108(b)(1), inserted
"(a)(2)(C)," after "(a)(2)(B)," in introductory provisions.
Subsec. (e)(2). Pub. L. 100-690, Sec. 7108(b)(2), inserted "or"
after "supervision;".
Subsec. (e)(3). Pub. L. 100-690, Sec. 7305(b)(2)(A), which
directed amendment of par. (3) by striking "or" at the end could
not be executed because of the intervening amendment by Pub. L.
100-690, Sec. 7108(b)(3), (4). See below.
Pub. L. 100-690, Sec. 7108(b)(3), (4), redesignated par. (4) as
(3) and struck out former par. (3) which read as follows: "treat a
violation of a condition of a term of supervised release as
contempt of court pursuant to section 401(3) of this title; or".
Subsec. (e)(4). Pub. L. 100-690, Sec. 7305(b)(2)(B), which
directed amendment of par. (4) by striking the period at the end
and inserting "; or" could not be executed because subsec. (e) did
not contain a par. (4) after the intervening amendment by Pub. L.
100-690, Sec. 7108(b)(4). See below.
Pub. L. 100-690, Sec. 7108(b)(4), redesignated par. (4) as (3).
Subsec. (e)(5). Pub. L. 100-690, Sec. 7305(b)(2)(C), added par.
(5).
Subsec. (g). Pub. L. 100-690, Sec. 7303(b)(2), added subsec. (g).
1987 - Subsec. (b)(1). Pub. L. 100-182, Sec. 8(1), substituted
"five years" for "three years".
Subsec. (b)(2). Pub. L. 100-182, Sec. 8(2), substituted "three
years" for "two years".
Subsec. (b)(3). Pub. L. 100-182, Sec. 8(3), inserted "(other than
a petty offense)" after "misdemeanor".
Subsec. (c). Pub. L. 100-182, Sec. 9, inserted "(a)(2)(C),".
Subsec. (e)(1). Pub. L. 100-182, Sec. 12(1), inserted "pursuant
to the provisions of the Federal Rules of Criminal Procedure
relating to the modification of probation,".
Subsec. (e)(2). Pub. L. 100-182, Sec. 12(2), struck out "after a
hearing," before "extend a term" and inserted "the provisions of
the Federal Rules of Criminal Procedure relating to the
modification of probation and" after "pursuant to".
Subsec. (e)(4). Pub. L. 100-182, Sec. 25, inserted ", except that
a person whose term is revoked under this paragraph may not be
required to serve more than 3 years in prison if the offense for
which the person was convicted was a Class B felony, or more than 2
years in prison if the offense was a Class C or D felony" before
"Commission" at end.
1986 - Subsec. (a). Pub. L. 99-570, Sec. 1006(a)(1), inserted ",
except that the court shall include as a part of the sentence a
requirement that the defendant be placed on a term of supervised
release if such a term is required by statute".
Subsec. (b). Pub. L. 99-570, Sec. 1006(a)(2), substituted "Except
as otherwise provided, the" for "The".
Subsec. (e). Pub. L. 99-570, Sec. 1006(a)(3)(A), and Pub. L.
99-646, Sec. 14(a)(1), amended section catchline identically,
substituting "conditions or revocation" for "term or conditions".
Subsec. (e)(1). Pub. L. 99-646, Sec. 14(a)(2), struck out
"previously ordered" before "and discharge".
Subsec. (e)(4). Pub. L. 99-570, Sec. 224(a)(3)(B)-(D), added par.
(4).
EFFECTIVE DATE OF 1997 AMENDMENT
Amendment by Pub. L. 105-119 effective 1 year after Nov. 26,
1997, see section 115(c)(1) of Pub. L. 105-119, set out as a note
under section 14071 of Title 42, The Public Health and Welfare.
EFFECTIVE DATE OF 1988 AMENDMENT
Amendment by section 7303(b) of Pub. L. 100-690 applicable with
respect to persons whose probation, supervised release, or parole
begins after Dec. 31, 1988, see section 7303(d) of Pub. L. 100-690,
set out as a note under section 3563 of this title.
EFFECTIVE DATE OF 1987 AMENDMENT
Amendment by Pub. L. 100-182 applicable with respect to offenses
committed after Dec. 7, 1987, see section 26 of Pub. L. 100-182,
set out as a note under section 3006A of this title.
EFFECTIVE DATE OF 1986 AMENDMENTS
Section 14(b) of Pub. L. 99-646 provided that: "The amendments
made by this section [amending this section] shall take effect on
the date of the taking effect of section 3583 of title 18, United
States Code [Nov. 1, 1987]."
Section 1006(a)(4) of Pub. L. 99-570 provided that: "The
amendments made by this subsection [amending this section] shall
take effect on the date of the taking effect of section 3583 of
title 18, United States Code [Nov. 1, 1987]."
EFFECTIVE DATE
Section effective Nov. 1, 1987, and applicable only to offenses
committed after the taking effect of this section, see section
235(a)(1) of Pub. L. 98-473, set out as a note under section 3551
of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 3401, 3601, 4101 of this
title; title 21 sections 841, 960; title 28 section 994.
-FOOTNOTE-
(!1) See References in Text note below.
-End-
-CITE-
18 USC Sec. 3584 01/19/04
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 227 - SENTENCES
SUBCHAPTER D - IMPRISONMENT
-HEAD-
Sec. 3584. Multiple sentences of imprisonment
-STATUTE-
(a) Imposition of Concurrent or Consecutive Terms. - If multiple
terms of imprisonment are imposed on a defendant at the same time,
or if a term of imprisonment is imposed on a defendant who is
already subject to an undischarged term of imprisonment, the terms
may run concurrently or consecutively, except that the terms may
not run consecutively for an attempt and for another offense that
was the sole objective of the attempt. Multiple terms of
imprisonment imposed at the same time run concurrently unless the
court orders or the statute mandates that the terms are to run
consecutively. Multiple terms of imprisonment imposed at different
times run consecutively unless the court orders that the terms are
to run concurrently.
(b) Factors To Be Considered in Imposing Concurrent or
Consecutive Terms. - The court, in determining whether the terms
imposed are to be ordered to run concurrently or consecutively,
shall consider, as to each offense for which a term of imprisonment
is being imposed, the factors set forth in section 3553(a).
(c) Treatment of Multiple Sentence as an Aggregate. - Multiple
terms of imprisonment ordered to run consecutively or concurrently
shall be treated for administrative purposes as a single, aggregate
term of imprisonment.
-SOURCE-
(Added Pub. L. 98-473, title II, Sec. 212(a)(2), Oct. 12, 1984, 98
Stat. 2000.)
-MISC1-
EFFECTIVE DATE
Section effective Nov. 1, 1987, and applicable only to offenses
committed after the taking effect of this section, see section
235(a)(1) of Pub. L. 98-473, set out as a note under section 3551
of this title.
-End-
-CITE-
18 USC Sec. 3585 01/19/04
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 227 - SENTENCES
SUBCHAPTER D - IMPRISONMENT
-HEAD-
Sec. 3585. Calculation of a term of imprisonment
-STATUTE-
(a) Commencement of Sentence. - A sentence to a term of
imprisonment commences on the date the defendant is received in
custody awaiting transportation to, or arrives voluntarily to
commence service of sentence at, the official detention facility at
which the sentence is to be served.
(b) Credit for Prior Custody. - A defendant shall be given credit
toward the service of a term of imprisonment for any time he has
spent in official detention prior to the date the sentence
commences -
(1) as a result of the offense for which the sentence was
imposed; or
(2) as a result of any other charge for which the defendant was
arrested after the commission of the offense for which the
sentence was imposed;
that has not been credited against another sentence.
-SOURCE-
(Added Pub. L. 98-473, title II, Sec. 212(a)(2), Oct. 12, 1984, 98
Stat. 2001.)
-MISC1-
EFFECTIVE DATE
Section effective Nov. 1, 1987, and applicable only to offenses
committed after the taking effect of this section, see section
235(a)(1) of Pub. L. 98-473, set out as a note under section 3551
of this title.
-End-
-CITE-
18 USC Sec. 3586 01/19/04
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 227 - SENTENCES
SUBCHAPTER D - IMPRISONMENT
-HEAD-
Sec. 3586. Implementation of a sentence of imprisonment
-STATUTE-
The implementation of a sentence of imprisonment is governed by
the provisions of subchapter C of chapter 229 and, if the sentence
includes a term of supervised release, by the provisions of
subchapter A of chapter 229.
-SOURCE-
(Added Pub. L. 98-473, title II, Sec. 212(a)(2), Oct. 12, 1984, 98
Stat. 2001.)
-MISC1-
EFFECTIVE DATE
Section effective Nov. 1, 1987, and applicable only to offenses
committed after the taking effect of this section, see section
235(a)(1) of Pub. L. 98-473, set out as a note under section 3551
of this title.
-End-
Online Attorney
Read this important disclaimer
If you experience unusual problems with this site please email the webmaster.
Copyright: David Matheny, 2006-2008.
|
|